The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-12-03
JUSTICE IN FRANCE.
Peculiarities of the Legal Machin cry
Which Entrapped Partisan Officials.

Peculiarities of the Legal Machine cry
Which Entrapped Partisan Officials.
Mar O'ReH, en- the Liverpool Courier.
President Dupin, the greatest French
Juris Consult of the century once said: IF
| were accused of having carried off the
towers of NoTe Dame in my pockets would
run away
Could you believe, for instance, that upon
the least suspicion French Magistrate may
order, on his own responsibilities respon-
sIbility which no one hasa rightto question
"a search or an arrest in any private houses
he may issue such warrant upon any pre-
sumption uncorroborated upon oath. When
III France man is accused say for instance,
of stealing watch, he is brought before
the Commissary of Police, who invariably
says to him: you are charged with steal
ing watch. The best thing you can do is
to make full confession, and the Judge will
be lenient with you" If he is guilty, and
knows that the case is clear against him,
he Immediately makes clean breast of it.
and, as a rule, is quickly and leniently dealt
with. But if he is innocent, or, if guilty,
he thinks he can get out of the scrape, he,
of course answers: You are mistaken,
am not guilty" and his troubles begin. He
is sent to prison, and the following day is
taken before the Examining Judge, called
Judge obstruction, not in public, but in a
private room. There this Magistrate says
to him point blank: "You say you are not
guilty, of course; if we were to listen to all
of you none would be guilty Now, enough
of that nonsence. You are charged with
stealing a watch. Prove that you are inno-
cent?
Now, if the prisoner is guilty it must be
difficult for him to prove that he is limo
cent; but for that matter, If he is innocent
it may be just as difficult If the first
conner were to accuse me of having stolen
his umbrella few days ago | could more
easily say that / was innocent than to
prove it. $50 you persist in your de-
nialp' says the Examining Judge to the
French prisoner, Every we'll, Twill send
you back to your prison. hope that next
time send for you you will have reflected
and discovered that the best way to serve
your own interest is to make a full confeS-
sion."
IMPRIsoNING THE ACCUSED.
The prisonergoes back to Jail and the
Magistrate begins to get up the case against
him. If the accusation is of serious char
acter the man is placed an secret, that is
to say, not only he cannot communicate
with his friends, much less see them, but he
cannot even see his counsel or receive any
legal advice How long is he to remain in
y
to tribunals? This entirely depends on the
good pleasure OF the Examining Magistrate,
who is allowed by the law to keep him a
year under examination. If at the end of
the year the case is not set for trial the pris-
oner is discharged.
l should, however, hasten to add that, as
rule. for an ordinary theft or offense that
does not require long Investigations, the
accused undergOes only from two to six
months preliminary Imprisonment before
he is brought before his Judges. During
that time he is brought once or twice a
month to the pdIois de justice to be asked
by the Judge if she still persists in his de-
NAL" These visits to the Examining Judge
are most dreaded by French prisoners, es-
pecially in Paris. They sometimes have six
or eight hours to wait for their turn in a
little dungeon six feet square, where they
get neither food nor air. 1t is nothing short
of torture this inquisitional examination in
private. When in the evening the prisoner
sees his cell again it must look TO him like
paradise compared to the hole he had to
creep into during the day. At last one
day he receives intimation that his trial will
take place.
But now mark well where the system is
wrong. The Prosecution Magistrates, called
the nldgiStrdture debout because they pro-
secute standingl, and the Judging Magis-
trates, called the BldgiStroture GSsise (be-
cause theytry cases in sitting positionl, be
long to the same set. Indeed, the Prosecut-
ing Magistrates are in time promoted to be
Sitting Magistrates. The prosecution is not,
therefore, independent as the defense
is. The prisoners case is settled before
he appears in court, for both Prosecuting
and Sitting Magistrate have held con
sultation over it, and the speech of the
prosecution is merely delivered for forms
sake.
SCENE AT A TRIAL.
If the proceedings of the Police Correc-
tionelLe are dull and prosy those of the court
of assizes offer different sight. We are
now in perfect theatre. Nothing is want
ing but the stage boxes and the division of
the seats into stalls and galleries. The pris-
oner himself often forgets his awful posi-
ton, and thinks of the public who gaze at
him. He feels like sort of hero, this actor
in whom the interest of the grand spectac.
ular drama concentrates Ladies of the
highest society flock to the court, duly pro-
vided with scent bottles and extra pocket
handkerchief. If, as is the case in France,
nine times out of ten, a women is the cause
of the prisoners terrible position, they ex-
pect sensa tional scenes that would draw at
the Port st. Martin Theatre, and they are
seldom disappointed. At last little bell is
ruQR. AL are olItub DI6dUul6SS. LIE
accused, accompanied by two gendarmes,
enters the court and sits on a high
bench, well in view of everybody Then
come the three Judges with their scarlet
gowns, followed by the Advocated General
or Public Prosecutor. All take their seats
solemnly. The performance is about to
begin.
SPrisoner at the bar, "says the presiding
Judge, ''stand up and give me your name
and surname"
THE "EXTENUATING CIRCUMSTANCES
A French jury will always award "extenu-
ating Circumstances" to prisoner who may
be supposed TO have committed murder
under the influence Of love, jealousy, re-
venge or despair-love especially. They will
not uncomp only acquit man, if his char
acter is otherwise irreproachabe, who has
killed an unfaithful wife or her lover. Be-
sides the idea of capital punishment is alb
horrent to the French, and the jury will al
ways try to find extenuating circumstances
to avoid sending a fellow-creaturc to the
guillotine. And even when their consciences
will not allow them to find these extenuat.
ing circumstances, they fondly cling to the
hope that the President of the Republic will
commute the sentence of death to one of
penal servitude for life.
No wonder that there should be relatively
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